Mansfield Independent School District Human Resource Services 605 East Broad Venetia Sneed, Director Human Resource Development

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1 DIA LOCAL Discrimination, Harassment and Retaliation Mansfield Independent School District Human Resource Services 605 East Broad Venetia Sneed, Director Human Resource Development

2 Various Forms of Harassment and Discrimination Race Color Religion Gender Nationality Age Disability Sexual

3 Board Policy-DIA (LOCAL) The Right and Freedom from discrimination, harassment, and retaliation DISCRIMINATION Conduct directed at an employee on the basis of race, color, religion, gender, national origin, age, disability or any other basis prohibited by law, that adversely affects the employee s employment

4 Board Policy-DIA (LOCAL) The Right and Freedom from discrimination, harassment, and retaliation HARASSMENT Physical, verbal or nonverbal conduct based on an employee s race, color, religion, gender, national origin, age, disability, or any other basis prohibited by law, when the conduct is so severe, persistent, or pervasive that the conduct Interferes with employee s work performance Creates an intimidating, hostile or offensive work environment Affects the employee s employment opportunities

5 Board Policy-DIA (LOCAL) The Right and Freedom from discrimination, harassment, and retaliation RETALIATION Retaliation may include termination, refusal to hire, demotion, denial of promotion, threats, unjustified negative evaluations, unjustified negative references or increased surveillance

6 Board Policy-DIA (LOCAL) Two Warnings The district prohibits retaliation against an employee who in good faith: Makes a report Serves as a witness Participates in an investigation An employee is subject to appropriate discipline if they intentionally Make a false claim Offer false statements Refuse to cooperate with a district investigation

7 REPORTING STARTS WITH YOU If you believe you or another employee has experienced discrimination, harassment or retaliation you should report the alleged acts IMMEDIATELY.

8 Reporting Process Tell the other person how you feel. Tell your supervisor if it continues. Tell Human Resources if it STILL continues.

9 Discrimination Harassment Retaliation Claims District Contact Starting Point Your Immediate Supervisor Venetia Sneed, Director Human Resource Development MISD Title IX Administrator Karen Wentworth Associate Superintendent Human Resource Services MISD Human Resources

10 SPECIAL FOCUS Sexual Harassment Why? Because Sexual Harassment exists Because supervisors ignore it Because employees fail to report it Because it is the most prevalent form of harassment

11 Sexual Harassment Litigation School districts and employees are sued regularly Lawsuits cost Insurance Premiums may rise School employees face personal liability and job loss Insurance companies may not cover punitive damage awards

12 Other Negative Effects of Sexual Harassment Loss of productivity Bad publicity Co-workers get hurt Children get hurt

13 Board Policy-DIA Local SEXUAL HARASSMENT A form of discrimination defined as unwelcomed sexual advances requests for sexual favors sexually motivated, verbal, or nonverbal conduct or communication of a sexual nature when: 1. Submission to the conduct is a condition of an employee s employment an employment action results with rejection 2. Conduct is so severe, persistent, or pervasive that the employees work performance suffers a hostile or offensive work environment results

14 Two Notes: Supervision is NOT: Sexual Harassment A Single Incident rarely rises the level of: Sexual Harassment

15 Definition Sexual Harassment It must be unwelcomed It must be sexual in nature There are two types of sexual harassment

16 #1 Quid Pro Quo Quid Pro Quo is when an individual in a position of authority offers a subordinate a benefit in exchange for a sexual favor. Example: A teacher may offer a student a better grade or a particular position on an athletic team in exchange for a kiss. A supervisor may offer an employee their choice kitchen assignment in exchange for meeting them after hours for dinner.

17 #2 Hostile Environment A hostile environment is created when unwelcome advances, requests, or conduct have the effect of interfering with the performance of duties or creating an intimidating, hostile, or otherwise offensive work or learning environment.

18 Sexual Harassment An Equal Opportunity Problem Male to Female Female to Male Male to Male Female to Female Employee to Student Student to Employee Supervisor to Employee Friend to Friend Employee to Parent, Visitor, Community

19 Sexual Harassment Verbal Name calling Jokes Sexual comments Comments about appearance/clothing Suggestive sounds or whistles Negative comments about gender Discussing sexual orientation Obscenities

20 Sexual Harassment Non Verbal Displaying sexual calendars, cartoons Sexual graffiti, drawings, posters Sexual notes, cards, s Forwarding sexual s Sexual surveys Viewing unauthorized internet sites

21 Sexual Harassment Physical Touching, patting, stroking, hugging Brushing against a person Tickling, pinching Kissing Massages Leering Sexual assault, sexual abuse

22 The key word is UNWELCOMED Conduct which may be offensive to one person may not be to another. The victim has an obligation to tell the other person that he/she finds their conduct offensive. If the behavior continues beyond that point, then it becomes harassment. Rarely does a single incident rise to the level of sexual harassment

23 When Does Liability Attach for Employee Harassment? A school district or individual administrator or supervisor may be liable for the sexual harassment of an employee when he or she acts with Deliberate Indifference

24 Deliberate Indifference When the administrator or supervisor knew or should have known of the harassment and failed to take prompt remedial action.

25 Sexual Harassment Employee to Student Violation of Policy/Against State Law Unprofessional Loss of Certificate and/or Job Child Abuse Charges Criminal Penalties Romantic relationships with students are illegal: Even if welcomed by the student Age of student does not matter

26 Examples of soliciting/engaging in a romantic relationship with a student Emotional attachments Pattern of exclusivity or special favors Behaviors and communications unrelated to job duties (Texts, s, letters of affection or attraction) Inappropriate sexual comments Requesting details of students sexual history, fantasies, problems or sexual preferences Requesting a date Inappropriate hugging, kissing, touching Suggesting a relationship after they graduate or are legal

27 Vila Fualaau (12) & Mary Kay LeTourneau (34) Former 6 th Grade Student:Teacher Guilty: Two counts of felony second degree rape of a child. Incarcerated

28 Herman Cain The impact of an allegation Can derail a career before guilt/innocence is even established.

29 How Do You Prevent Being Accused of Committing Sexual Harassment? Educate yourself Be sensitive and perceptive when interacting with others Think before you act or speak Keep all actions job-related Avoid personal relationships with students Try to never be alone with a student

30 Employee Vulnerability Physical Contact Inappropriate jokes or gestures Closed door meetings/conferences Driving students alone Faculty-Department parties/meetings

31 Publicity Test Jerry Sandusky-Sexual Harassment/Abuse? Asst. Coach-Penn State; The Second Mile Found Guilty; 45 Sexual Abuse Charges over a 15 year period; Sentence:30-60 years in prison Herman Cain-Sexual Harassment? 2012 Republican Party Presidential Contender; 2011accused by two women of sexual harassment; campaign suspended Joe Paterno-Deliberate Indifference? Head Coach-Penn State Investigations conclude concealing facts and the non-reporting of information.

32 How Do I Prevent Being Held Accountable for Someone Else s Acts of Sexual Harassment? If you see it happening, STOP IT! Tell your supervisor Document that you have reported the harassment to your supervisor Supervisors: Be familiar with and enforce district policy

33 Scenarios

34 Mansfield ISD Sexual Harassment Review Sheet 1. The MISD Title IX Administrator who ensures that sexual harassment claims are investigated is. 2. The key word in sexual harassment is. 3. Employees have a to work in a discriminatory-free environment. 4. Supervisors have a to report any allegations of sexual harassment.

35 Mansfield ISD Sexual Harassment Review Sheet 5. is providing a benefit in exchange for a sexual favor. 6. Sexual jokes or comments have no place in the workplace because they are not related. 7. Complete information about harassment and discrimination is found in the MISD Board Policy.

36 Mansfield ISD Sexual Harassment Review Sheet 8. Sexual comments about a persons clothing is an example of sexual harassment. 9. Passing along sexual pictures or s is an example of sexual harassment 10. Filing a claim can result in disciplinary action for the employee, which may include termination.

37 Mansfield ISD Sexual Harassment Review Sheet 11. MISD prohibits against an employee who makes a sexual harassment report. 12. When a supervisor/administrator knows of harassment and fails to take prompt action they can be sued for. 13. Severe and persistent sexual harassment can lead to a work environment.

38 Mansfield ISD Sexual Harassment Review Sheet 14. Sexual Harassment claims rarely come from a incident. 15. Sexual Harassment is an problem.

39 Q & A Questions Concerns Comments Training Acknowledgement

40 POLICY-DIA LEGAL/LOCAL Discrimination Harassment Retaliation Take it Seriously. Thank you Mansfield Independent School District Human Resource Services

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